New Law Regulating Advertisements f

On 22 August 2017, Law No. 206 of 2017 was issued in Issue No. 33 (bis) of the Official Gazette. The Law regulates advertisements for medical products and services by defining what is meant by these terms and prohibiting any such advertisement without attaining a license from a Supreme Committee to be established by a Prime Ministerial Decree.[1] The Law also specifies new penalties for violating its regulations which starts at confiscating products and money up to a prison sentence and a fine. The penalty is harshened if a person dies as a result of using the product or service that has been advertised without a license.

The New Law

The Law Regulating Advertisements for Medical Products and Services (the “Law”) criminalizes all types of advertisements for any medical product or service that is undertaken without first attaining a license from the Supreme Advertising Licensing Committee. It defines a medical product as “any product or natural substance… in relation to a person’s health, treatment of diseases or epidemics, the prevention thereof, or is used for any other medical purpose”. It also defines a medical service as “any action or activity or effort made … in relation to the treatment or prevention of diseases, epidemics, first aid, or body care”. Moreover, the Law includes within its scope of application Scientific Offices, which are regulated by the Minister of Health Decision No. 429 of 1976.[2] As to the Supreme Committee dedicated to issuing licenses for advertisements for medical products and services, it will be established by virtue of a Prime Ministerial Decree. It is to be chaired by the Minister of Health, and its members are to include representatives of the ministries of health, housing, supply, interior, justice, as well as the media, doctors, and pharmacists’ syndicates, and a representative from the Consumer Protection Agency. The Committee specializes in reviewing the content of the advertisement to make sure that the advertised product or service has fulfilled all necessary procedures for licensing and trading, as well as all required conditions, including those contained in the Pharmaceutical Practice Law[3] and the Law Regulating Medical Establishments.[4] The Law also mandates that the Committee determines whether an advertisement has violated public order or public morals. It also gives the Committee the right to request the suspension of the broadcasting or publishing of an unlicensed advertisement from the Supreme Council for Media Regulation. A fee of no more than ten thousand Egyptian Pounds is prescribed for the Committee to review the advertisement and issue a decision about it; and all Committee decisions are binding. As for penalties, the Law states that all products, money, and items used in the crime are to be confiscated. It maintains, however, an exception for good will cases. The penalty against anyone who advertises or permits the advertising of any medical product or service without a license may be up to a month’s imprisonment and a fine between fifty and a hundred thousand Egyptian Pounds. The penalty is harshened if a person dies or is permanently disabled as a result of using the medical product or service that has been advertised. The same penalty is imposed on the effective manager of an establishment in event that his/her knowledge of the crime has been established. The Law also maintains that the legal person is jointly responsible for the fulfilment of financial penalties and damages.

Conclusion

The Law comes in response to the Pharmacists Syndicate’s requests which applauded it as a necessary step to protect patients from misleading advertisements for unlicensed products. It is the first serious step towards attempting to regulate these types of ads as it defines relevant terminology, creates a committee dedicated to reviewing the content of the ads in need of regulation, makes the committee’s decisions binding, and penalizes violations to its edicts. Nonetheless, the Law requires that the advertisement be in compliance with public order and morals which is an expansion of the committee’s power, as it allows the latter to evaluate the ad in accordance with ambiguous and undefined standards. The Law also gives the committee the final say in deciding if an ad is acceptable without clarifying whether the petitioner has the right to appeal that decision in front of a different body. These, however, are matters that may be dealt with in the executive regulations, which should be issued within two months of the Law’s coming into effect.   [1] Law No. 206/2017 Regulating Advertisements for Medical Products & Services, Official Gazette, Issue No. 33 (bis), 22 August 2017. [2] Ministry of Health Decision No. 429/1976 Regulating Scientific Offices for the Advertisement of Medicines and Medical Supplies, Egyptian Gazette, Issue No. 227, 3 October 1976. [3] Law No. 127/1955 on Pharmaceutical Practice, Egyptian Gazette, Issue No. 20 (bis) “Irregular”, 10 March 1955. [4] Law No. 51/1981 Regulating Medical Establishments, Official Gazette, Issue No. 26 (cont.), 25 June 1981.